Serdang Member of Parliament Dr Ong Kian Ming (pic) and Bukit Bintang MP Fong Kui Lan said that the iconic park was protected under Section 40 (3a) of the National Heritage Act.
They pointed out that the Act states that any land within a 200-metre radius from the boundary of a heritage site shall be protected and that the permission of the Commissioner of Heritage, Prof Emeritus Datin Paduka Siti Zuraina Abdul Majid, should be sought for any development plan.
Ong pointed out that Tourism Minister Datuk Seri Nazri Aziz had also, in a written reply in the Parliament, assured that the park is already protected under Section 25(1) of the Act. It states that the commissioner has the right to deem it a heritage site because of its proximity and the protection of another heritage site.
Ong told reporters outside Stadium Merdeka today that he was not sure if the Commissioner had approved the plans.
"She has been silent since the whole thing began. There has been no reaction from her about this issue," said Ong, and demanded to know whether the Commissioner had consulted the Kuala Lumpur City Hall (DBKL) "on the possible negative impact of Menara Warisan on these two sites".
Tunku Park was a public park protected under the National Land Code, and was gazetted as a People’s Reserved Land. However, in 2000, Pengurusan Danaharta Nasional Bhd sold it to Permodalan Nasional Berhad (PNB) for RM310 million, for development purposes.
The RM5 billion Menara Warisan project has come under fire from politicians, activists and locals who are concerned that the new structure would eclipse the historic Stadium Merdeka and Stadium Negara, and damage the surrounding landscape.
The project will affect some 25 organisations as well as schools, religious sites, rows of shoplots and cultural associations. There are some 8,000 students attending schools in the area.
Once completed, Menara Warisan will include an office tower, a hotel, a shopping complex and condominiums. The highlight of the project is the 118-storey building, slated to be a five-star green building.
The affected landowners have come together under the Pertahankan Taman Merdeka Negara (PTPM), a heritage rights group urging the government to halt the project.
PTPM vice-president Ser Choon Ing, who was present today, warned that the area would lose its historical and cultural attraction with the construction of the new structure.
"There will be too much negative impact on the heritage sites here. These sites should be preserved for the future," he said.
Fong meanwhile urged DBKL to conduct an assessment study on the social, environment and traffic impact of Menara Warisan.
The project looks set to go ahead despite a report last year by CB Richard Ellis Malaysia (CBRE), a commercial real estate firm, showing that only 87% of offices in Kuala Lumpur were occupied.
Another property consultancy firm, Jones Lang Wootton, said office space in Klang Valley had surpassed the 100 million square feet mark.
"We believe this Menara Warisan will be another white elephant just like so many other buildings in the city," Fong noted.
Prime Minister Datuk Seri Najib Razak had previously defended the Warisan Merdeka project as a centre for business.
"We urge the Commissioner and the Tourism Minister to designate Tunku Park as a heritage site to protect both the iconic stadiums," Ong added.

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